The condominium syndic in Belgium: 3-year mandate, duties and reserve fund

    In short: in Belgium the syndic is appointed for 3 years at most, renewable only by an express decision of the meeting, which can dismiss it at any time. The reserve fund is compulsory (annual contribution of at least 5% of ordinary common charges, unless waived by 4/5 of the votes) and a co-ownership council is compulsory from 20 units.
  

How is the syndic appointed?

Under article 3.89 of the Civil Code (Book 3), the syndic is appointed in the internal rules, by the first general meeting, or by the court at the request of any owner or interested third party. If named in the internal rules, its mandate ends automatically at the first meeting.

Term: 3 years at most, renewable only by an express decision. Non-renewal gives no right to compensation.
Publicity: an extract of the appointment is posted at the building entrance within 8 days.
Dismissal: the meeting can always dismiss the syndic. If the syndic is prevented or defaults, an owner may ask the court to appoint an interim syndic.

Professional or volunteer?

The text consulted does not distinguish a professional from a volunteer syndic. It refers to registration with the Crossroads Bank for Enterprises under a procedure set by the King. If the mandate is unpaid, the compulsory professional liability insurance is borne by the association.

Duties

carry out the meeting's decisions and take conservatory and interim-management actions;
manage the association's assets, represent it in court and keep the accounts;
submit an annual forecast budget (running and extraordinary expenses);
keep the owners' list and decisions register up to date and give access to non-private documents;
tell occupants without voting rights the date of the meeting;
obtain several quotes when tendering and present an evaluation report on recurring contracts;
hand over the complete file within 30 days of the end of the mandate.

The syndic alone is liable for its management; it may delegate only with the meeting's agreement, for a limited time. Contracts with itself, close relatives (up to the 3rd degree) or related companies require the meeting's prior authorisation. It cannot be a member of the co-ownership council, nor the auditor of the same association.

Fees

Fees rest on a written contract distinguishing flat-fee services from additional services, with their fees. A service not listed gives no right to payment, unless the meeting decides otherwise. The law sets no amount or ceiling.

Accounting

Accounts must be clear, precise and detailed under a standard chart of accounts set by royal decree; simplified accounting is possible below 20 units (excluding cellars, garages and parking). Working-fund and reserve-fund accounts are kept separate, and the meeting appoints an auditor each year (article 3.91).

Working fund and reserve fund

Working fund and reserve fund in Belgian condominiums
Fund	Rule
Working fund	Periodic expenses (heating and lighting of common areas, management, caretaker); no minimum amount in the text consulted
Reserve fund	Compulsory; to be set up within 5 years of provisional acceptance of common areas; annual contribution of at least 5% of the previous year's ordinary common charges; may be waived by a 4/5 majority

The co-ownership council

It is compulsory from 20 units (excluding cellars, garages and parking) and optional below that threshold (article 3.90). It assists the syndic and monitors its management.

Selling a unit

Before signing, the syndic must supply within 15 days the information a buyer needs: balance of the working and reserve funds, arrears, pending calls for funds, proceedings, minutes of the last three years, statements of the last two years and the latest approved balance sheet (article 3.94).

To verify: official consolidated text of Book 3 on Justel (updated to 24 December 2020 according to its header). Commentaries published elsewhere sometimes differ from the text, for example on registration with the IPI, which we did not find in the articles consulted. Check the current version in the Belgian Official Gazette.

Sources

Loi du 4 février 2020 portant le livre 3 « Les biens » du Code civil (Moniteur belge, 17 mars 2020), texte consolidé (Justel)

Frequently Asked Questions (FAQ)

What is the maximum mandate of a syndic in Belgium?
3 years, renewable only by an express decision of the general meeting (article 3.89 of the Civil Code, Book 3).

Is the reserve fund compulsory in Belgium?
Yes: annual contribution of at least 5% of the previous year's ordinary common charges, to be set up within 5 years of provisional acceptance; the meeting may waive it by a 4/5 majority.

From how many units is a co-ownership council compulsory?
From 20 units, excluding cellars, garages and parking.

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Informational article based on the official consolidated text of Book 3 of the Belgian Civil Code (Justel, Dutch version consulted; translation and paraphrase are ours). Not legal advice.